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HomeMy WebLinkAboutResolution - 2007-R0152 - Lease Agreement - 413Th Civil Affairs Battalion - Police Training Facilities - 04_12_2007Resolution No. 2007-RO152 April 12, 2007 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease Agreement for the Police Training Facilities, by and between the City of Lubbock and 413`h Civil Affairs Battalion, and related documents. Said Lease is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this12th day of April 2007. DAVID A. 44fLLER, MAYOR ATTEST. Re eca Garza, City Secret AP"STOONTENT: Claud Jones, Po ce hief APPROVED AS TO FORM,, �1 Amy L. �ity Assis Attorney Lease Agrmnt-Police Training Facilities.res March 2, 2007 Resolution No. 2007-RO152 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is entered into on this 12th day of April ,20 07 in accordance with Chapter 791 of the Texas Government Code, between the City of Lubbock, Texas (the "City"), a Texas Home Rule Municipal Corporation, and 413`' Civil Affairs Battalion, Lubbock, Texas, a governmental body (the "Entity"). WHEREAS, the City of Lubbock owns and operates Police Training Facihties located at 11602 W. 19th Street, Lubbock, TX and 508 Davis Drive, Lubbock, TX (the "Facility"); and WHEREAS, the Entity is in need of certain training facilities to train its employees in law enforcement techniques; and WHEREAS, the Entity acknowledges that the Facility is acceptable for its required personnel training requirements and as such, desires to train its employees at the Facility; and WHEREAS, the City finds that the training of the Entity's employees shall increase the presence of adequately and properly trained law enforcement within the City and the surrounding areas and that such training benefits the health, safety and welfare of the City's citizens; NOW THEREFORE: l . The City agrees to permit employees of the Entity to enter the Facility for training purposes in accordance with the terms and provisions of this Agreement. Entity shall be permitted to enter those portions of the Facility as follows: Pistol Range and Rifle Range at 11602 W 19" St. Entity shall only be allowed to enter those portions listed in this Paragraph I and shall not otherwise be permitted to utilize or enter any other portion of the Facility not listed herein. 2. Either Party may decide to terminate this Agreement for any reason upon written notice. In the event either party elects to terminate this Agreement as provided herein, this Agreement shall cease as if the day of the terminating party's election to terminate was the day originally fixed in this Agreement for its expiration. 3. The Entity agrees that all its employees which enter upon the Facility shall be informed of all conditions of the City of Lubbock Police Department's Range Rules, which is attached hereto and incorporated as if fully set forth herein (the "Rules"). The Entity shall be responsible for its employees conduct and adherence to said rules. Violation of the Rules may result in the City banning any or all of the Entity's employees from entering the Facility and/or automatic termination of this Agreement. 4. The Entity shall be responsible for any and all losses, damages, claims or liabilities caused or contributed by, in any way, manner or form, the act or omission of the Entity's employees or to any guests or observers accompanying the Entity's employees. 5. The City, and its respective officers, employees, elected officials and agents, shall not be liable, and the Entity hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to company, on any theory of legal liability, including, but not limited to the negligence, of any type of degree, or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. This release shall survive the termination or voidance of this agreement. 6. Entity shall procure, carry and/or maintain, at its sole cost and expense through the life of this Agreement, insurance or other similar protection in a form, substance, and/or amount be satisfactory to the City covering all aspects and any operations in connection with this Agreement, including, but not limited to, worker's compensation coverage. 7. The relationship between the City and the Entity is at all times solely that of contractorfcontractee, and may not be deemed, in any event, a partnership or a joint venture and conveys no other rights or privileges. S. The execution, delivery and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all requisite corporate action on the part of the Entity. 9. The parties agree hereto that all payments made pursuant to this Agreement must be made from current revenues available to each respective party. W. The term of this Agreement shall be for 6 years, beginning on February 1, 2007. CITY OF LUBBOCK, TEXAS: DAVID. MILLER, MAYOR Date Executed: April 12, 2007 ATTEST: Rebecca Garza, City Secretar Amy L. Si s, Assista' i y Attorney ENTITY: BY: C l Name: Michael J. Keller, hTC, CA Title: Battalion Co of Date Executed: January 11, 2007 LPD Firing Range Interlocal Agrmnt 3/13/2007 Agenda Item #.## � 1 Q Consider a resolution authorizing the Mayor to execute an Intelocal Agreement between the City of Lubbock, Texas and 413th Civil Aflairs Battalion, Lubbock, Texas for use of the Lubbock Police Department Pistol and Rifle Range. Item Summary This interlocal agreement between the City of Lubbock and the 413th Civil Affairs Battalion is for use of the Lubbock Police Department Firing Range located at 11602 W. 19th Street. This agreement allows current members of the 413th Civil Affairs Battalion to enter the facility for training purposes. The term of this Agreement shall be for six years, beginning on February 1, 2007. Fiscal Impact No fiscal impact is anticipated. Staff Submitting/Recommendation Claude Jones, Chief of Police Staff recommends approval. City Council Muting